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The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2014

S.I. 2014/2735 · Made 13 October 2014

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Social Security

Made 13th October 2014

Laid before Parliament 17th October 2014

Coming into force 9th November 2014

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 4(5) and (12), 35(1) and 36(2) of the Jobseekers Act 1995f1.

In accordance with section 173(1)(b) of the Social Security Administration Act 1992f2, the Secretary of State has obtained the agreement of the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it.

Annotations to the whole text

Footnotes

f1

1995 c.18. Section 35(1) is cited for the meaning given to “prescribed” and “regulations”.

f2

1992 c.5.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Jobseeker’s Allowance Regulations 1996
  3. 3Amendment of the Jobseeker’s Allowance Regulations 1996
  4. 4Saving
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2014 and come into force on 9th November 2014.

2Amendment of the Jobseeker’s Allowance Regulations 1996

In regulation 1(3) (citation, commencement and interpretation), insert in the appropriate place—

  • ““Crown servant” means a person holding an office or employment under the Crown;”;

  • ““Her Majesty’s forces” has the meaning in the Armed Forces Act 2006f1;”.

3Amendment of the Jobseeker’s Allowance Regulations 1996

(1)

Regulation 85A (special cases: supplemental – persons from abroad) of the Jobseeker’s Allowance Regulations 1996f1 is amended as follows.

(2)

At the beginning of paragraph (2)(a), insert “subject to the exceptions in paragraph (2A),”.

(3)

After paragraph (2), insert—

“(2A)

The exceptions are where the claimant has at any time during the period referred to in paragraph (2)(a)—

(a)

paid either Class 1 or Class 2 contributions by virtue of regulation 114, 118, 146 or 147 of the Social Security (Contributions) Regulations 2001f2or by virtue of an Order in Council having effect under section 179 of the Social Security Administration Act 1992f3; or

(b)

been a Crown servant posted to perform overseas the duties of a Crown servant; or

(c)

been a member of Her Majesty’s forces posted to perform overseas the duties of a member of Her Majesty’s forces.”

4Saving

The amendment in regulation 3 does not apply in relation to a claim for a jobseeker’s allowance which is made or treated as made before these Regulations come into force.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Esther McVey

Minister of State

Department for Work and Pensions

13th October 2014

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Regulation 85A of the Jobseeker’s Allowance Regulations 1996 in relation to the definition of a “person from abroad”.

A claimant for a jobseeker’s allowance who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland (“the Common Travel Area”) is a person from abroad for whom the applicable amount is nil.

The habitual residence test cannot be satisfied unless the claimant has been living in the Common Travel Area for the past three months and that the claimant has a right to reside in the Common Travel Area.

The effect of the amendment is that claimants who have paid either Class 1 or Class 2 contributions whilst working abroad, or who have been a Crown servant or member of Her Majesty’s forces posted overseas at any time during the past three months, will not be required to have been living in the Common Travel Area for the past three months in order to satisfy the habitual residence test. The existing requirement to have a right to reside in the Common Travel Area remains.

Regulation 4 provides a saving for claims made or treated as made before 9th November 2014.